The civil trial for former Dallas police officer Amber Guyger, who was convicted of murder for shooting and killing Botham Jean in his apartment in 2018, began Monday morning.
Jean’s parents and sister are suing Guyger claiming her use of deadly force was excessive, unreasonable, violated department policy and that her ‘reckless’ conduct caused Jean and his family suffering.
Guyger, 36, had just gotten off work and was still in her Dallas police uniform when she headed home to her apartment in the South Side Flats, an apartment building located two blocks from Dallas police headquarters on the street now named after the victim. As Guyger opened the door to what she said she thought was her apartment, she saw a man inside and shot him. Guyger lived one floor below Botham Jean and, at her trial, testified she mistook his apartment for hers and fired in self-defense.
A jury convicted Guyger of murder and sentenced her to 10 years in prison.
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Jean's family filed a civil lawsuit against Guyger and the City of Dallas, but the city was later dropped from the suit.
Guyger chose not to appear and chose not to have an attorney represent her in her civil trial.
Testimony began Monday morning in federal court in Dallas.
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NBC 5 spoke asked the family’s attorney Daryl Washington what, if any, impact Guyger’s absence could have on their case and the jury.
“It’s hard to tell. We have jurors who are sitting in that box who have taken an oath to listen to all the evidence before they make their decision. I’m not sure whether it’s going to hurt or help, but I think it was very clear what happened to Botham. It doesn’t change the fact that Botham was in his house, eating ice cream, watching a football game,” said Washington. “Whether the defendant is here or not we’re going to focus on our side. We’re going to present the evidence and hope we get the jury to see that Amber Guyger’s use of force was not reasonable.”
Defense Attorney and former prosecutor Russell Wilson, who is not associated with the case, says it is uncommon for a defendant to choose not to be in court or have an attorney present.
Asked what effect it could have, Wilson says, “I think you could expect it to have a negative impact on the jury when a person's not present. But the fact that they aren't present doesn't change the plaintiff's requirement that the plaintiffs must prove their case.”
Civil trials have a lower standard of proof and may include evidence not allowed in criminal proceedings, said Wilson.
In her opening statement, attorney Bhavani Raveendran showed jurors text messages sent right after the shooting by Guyger to a married DPD colleague she was having an affair with telling him she needed his help.
The plaintiffs are also calling into question how other officers conducted themselves the night of the shooting and whether Guyger was given privileges because she was a cop, including remaining at the crime scene, being allowed to immediately call her attorney, a sergeant turning off a camera inside the cruiser where Guyger was seated at the direction of the police union president.
While there are 36 witnesses who could be called to the stand, several people’s testimony only involves a reading of previous depositions given by responding officers.
Jean’s sister, Allisa Findley, took the stand first on Monday to speak about her younger brother and about the devastating mental and physical impact this tragedy has had on her family.
She also spoke about Jean's lasting legacy through charity work and a non-profit foundation in his honor.
It is Allisa who was the last person to speak with Jean on the night of his death.
She told jurors her brother told her a friend invited him to watch a football game at a sports bar, to which she advised he stay home.
“Why not stay home, because it’s safer at home,” she remembers saying.
Several hours later, Findley was home in New York and got a call only informing her Jean had been ‘shot through the heart and he died.’
She had to break the news to their mother, Allison Jean who was visiting.
Findley testified that when she spoke with a police detective at 8 the following morning, she was only told ‘it was a sensitive situation’ that could not be discussed over the phone.
It was the apartment complex’s manager, said Findley, who told her mother that a police officer had shot Jean after mistaking his apartment for theirs.
Findley, who has written a book about life after her brother’s death, also spoke to jurors about her brother, saying Jean was “the light of his family and his community.”
Jean was grounded in his faith and sought ways to help those less fortunate and would always make new friends during flights.
Jurors will hear from those at accounting firm, Price Waterhouse Cooper where Jean was ‘a rising star’ well on his way to fulfilling his goal of becoming a partner.
Jean loved to sing, he loved Dallas and had confessed to his sister that he was now a Dallas Cowboys fan.
She called him ‘Milky Way’ because of his love of all things dairy, especially ice cream and milkshakes.
The jury also heard the frantic 911 call made by Guyger where she repeatedly told the dispatcher she thought she was in her apartment and that she was going to lose her job.
Jean’s mother and father walked out of the courtroom as police body camera video was presented to jurors.
Several members of the jury appeared to be personally affected during the playing of the graphic video showing officers responding and rendering CPR on a ‘still breathing’ Jean.
A use of force expert also took the stand Monday.
Retired law enforcement officer William Harmening was asked to review the case, Guyger’s use of force and determine whether she was indeed acting as an on-duty police officer at the time.
Harmening concluded, Jean posed no threat, Guyger ‘failed’ to follow policy and act as she was taught: retreat and call for an on-duty officer to respond.
He also testified even if Guyger had in fact walked in on a burglary in progress in her own home, her actions violated policy and best practices.
After serving half of her sentence in a Gatesville prison, Guyger was eligible for parole in October 2024 — on what would have been Jean’s 33rd birthday. Jean’s family, the Dallas County District Attorney’s Office, and more than 6,300 people who signed an online petition protested Guyger’s parole, which was ultimately denied.
Washington confirms they are seeking millions of dollars in damages, including any royalties should Guyger seek out a book or movie deal.
But above all, the family and their attorneys want this case to send a broader message to police across the country.
“If the jury comes back with a favorable decision, I think it sends a message to other police officers that you need to think a second before you pull the trigger,” said Washington.
Testimony is expected to wrap up on Wednesday.